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(영문) 대구지방법원 2015.12.08 2015고단4781

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:15 on September 29, 2015, the Defendant: (a) while drinking alcohol in a 'D' restaurant located in Daegu-gu, Daegu-gu, on the ground that drinking alcohol in the above 'D' restaurant would be disturbed, the Defendant was in dispute with each other on the ground that the victim E (n.e., 22 years of age) who drinking alcohol in the above 'D' restaurant and that the drinking alcohol in the above 'D' restaurant would scam be disturbed; (b) he collected an empty beer, which is a dangerous object on the table, scambling from the above victim to hear the bath, and scambling the victim into the part on the left bridge of the victim; and (c) he did so for 21 days of the injury of the victim, scambling the same into the part on the part of the victim's left bridge, and scambling the victim into the scam.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service;

1. Reduction area (one year and six months to two years) (special mitigation area) mitigated area (one year and six months from June to six months) according to the sentencing guidelines (special mitigation area) of the recommended punishment according to the sentencing guidelines;

2. Consideration - Considering circumstances - Affort circumstances: Affort circumstances: Affortness, victim’s non-comfort circumstances; Affort circumstances; ten or more times of movement criminal records, including two or more times of the same probation period; consideration of the Defendant’s age, character, conduct, health conditions, home environment, motive, means, means, results, and other various conditions of sentencing